High Court for State of TelanganaCRP/4737/2017allowed no costs

K.Satya Srinvias v. C.Radha Krishna Kumar

2017-10-20Sanjay Kumar1 pages

THE HON'BLE SRI JUSTI CE SANJAY KUMAR CI VI L REVI SI ON PETI TI ON No.4737 of 2017 ORDER:

This civil revision petition under Article 227 of the Constitution arises out of the order dated 03.07.2017 passed by the learned VII Additional Senior Civil Judge, Ranga Reddy District at L.B.Nagar, in I.A.No.608 of 2017 in O.S.No.2088 of 2012. The said I.A. was filed under Order 1 Rule 10 C.P.C. to implead respondent No.3 in the said I.A. as the third defendant in the suit. It appears that the plaintiffs who filed the said I.A. also moved an application in I.A.No.607 of 2017 in the suit for advancement of the suit to record a compromise. As rightly pointed out by the trial Court, the plaintiffs could not have asked for such recording of a compromise without the third defendant being brought into the picture. However, the trial Court, by the common order dated 03.07.2017, dismissed both the I.As.

Notice having been ordered, Smt. J. Sumathi, learned counsel, entered appearance for respondents 1 and 2/defendants 1 and 2 and Sri P. Venkata Ramana, learned counsel, entered appearance for the third respondent, the proposed defendant No.3 in the suit. Both the learned counsel stated that they have no objection to the implead petition being ordered.

In that view of the matter, the order under revision insofar as it pertained to I.A.No.608 of 2017 filed in the suit is set aside and the third respondent herein is impleaded as the third defendant in the suit. The petitioners, being the plaintiffs in the suit, shall take necessary steps before the trial Court as deemed fit. It is open to the trial Court to consider the issue of the compromise allegedly effected between the parties thereafter, if the occasion arises, on its own merits and in accordance with law.

The civil revision petition is allowed to the extent indicated above. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ____________________ JUSTI CE SANJAY KUMAR 20th October, 2017 IBL